Legal Opinion
Rossetti v. Hammock
New York Supreme Court
Decided November 13, 1979Published
1Opinion of the Court
OPINION OF THE COURT
Roger J. Miner, J.
Petitioner brings this proceeding pursuant to CPLR article 78 to review a determination fixing his minimum period of imprisonment (MPI) at 30 months. He is serving an indeterminate sentence not to exceed 66 months, having been convicted of the crime of robbery in the second degree in the County Court, Onondaga County. Petitioner contends "that the Board of Parole could not set the minimum period of incarceration of a defendant sentenced to an indeterminate term of imprisonment in excess of one-third of the maximum sentence imposed *316by the Court.” He…
2Cases cited4 opinions
- MATTER OF BRIGUGLIO v. Bd. of ParoleNew York Court of Appeals · 1969
- Paulsen v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1974
- Rodriguez v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Long v. New York State Board of ParoleNew York Supreme Court · 1977